Kenya: KISUMU COURT DISMISSES CASE AGAINST JOURNALIST.
Posted by African Press International on January 31, 2011
By API Reporter, Kisumu-Kenya.
A Kisumu based journalist Erasto Agwanda Saye has vowed to sue a non governmental Organisation OSIENALA seeking kshs 50,000,000 after a court in Kisumu stopped the organization and its management from attaching his properties in a defamation suit.
This was after the plaintiff, OSIENALA , failed to prove to court that the defendant was the real person who published the allegedly defaming article in a blog.
Lawyer Raymond Olendo of Ragot and Otieno Advocates appearing for the journalist said, the name used in the story, Agwanda Jakorando, does not belong to his client, Erasto Agwanda Saye; hence the properties of the client cannot be attached to pay for damages in the suit which was ruled earlier last year against Agwanda Jakorando.
Kisumu resident magistrate Tom Obutu who made the ruling said there is no substantial connection that the defendant Agwanda Jakorando was the same person with Erastus Agwanda who the plaintiff wanted to pay the damages.
“The two can not be connected and the NGO should look for the defendant Agwanda Jakorando who they sued to pay for the damages” Obutu said in his ruling.
The NGO had gone to court to appeal for further damages against the defendant.
However, Erasto Agwanda Saye enlisted as the objector denied that he was not the same person to the one who had published the article.
OSIENALA an environmental organization through its Director Obiero Ong’ang’a had gone to court to seek help in payment of Damages in 2009 case where they were awarded shs.500, 000 saying it was difficult for them to get the damages.
“Erasto Agwanda Saye and Agwanda Jakorando cannot be connected to be the same person” Obutu added further in his ruling .
Last year January, Kisumu resident magistrate Charles Oluoch ruled that the defendant, in this case, Agwanda Jakorando pays a fine of shs.500, 000 for general damages for to the environmental organization.
“I thank the almighty God, I have been traumatized for the last two years and my family could not just comprehend what was happening, suing him is the best thing and I get him compensate me for what I have undergone, my lawyers are working on it’ Agwanda said